PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.31/2024
Present-Dr. Ramakanta Satapathy, President,
Sri. SadanandaTripathy, Member,
Debendra Mishra,
S/O-Shiba Prasad @Prem Chand Mishra,
At-Dhubapada, Ps-Ainthapali,
Dist-Sambalpur, Odisha-768001.
Mob-9337125525 .……….......Complainant.
Vrs.
- Successking Contractors Pvt. Ltd.
Kings Group of Companies, Represented through its Directors
Vulash Kumar Sahoo and Lambodar Sahoo,
At-Plot No. 3D/1066, CDA, PO/Ps-Markatnagar, Sector-10, MeeraBhawan, Near SIMS College, Cuttack,Odisha-753014.
Email Mob-7008857626, 7205534396.
- The Commandant,
Railways Police Force Muniguda,
PO/Ps-Muniguda, Dist-Rayagada, Odisha-765020.
- The Commandant,
Railways Police Force Titlagarh,
PO/Ps-Titlagarh, Dist-Bolangir,Odisha-767033 …...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. A.Ghusi & Associates
- For the O.P. No.1 :- Sri. G. Mishra & Associates
- For the O.P. No.2 & 3 :-Ex-parte
Date of Filing:01.02.2024, Date of Hearing :21.05.2024, Date of Judgement :01.07.2024
Presented byDr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased one new vehicle in the name of third party namely Ragini Pathak on loan basis and to run the vehicle engaged his brother Dharmendra Mishra, Rs. 41,110/- was deposited on behalf of Complainant to Dhamendra Mishra. Vehicle was supplied to O.P. No.1 and O.P. No.1 enegaged the vehicle in the organisation of O.P. No.2 & 3 at a higher rate and thereby earned profit. Vehicle in the name of Ragini Pathak, work order was issued in the name of Dharmendra Mishra by O.P. No.1 and service was provided to O.P. No.2 & 3 on hire basis . Agreement with O.P. No.1 was made Rs. 55,000/- per month including all changes, limit 3000/- Km per month, driver payment maintaince etc. O.P. No.1 sent the vehicle to O.P. No.2 instead of objection although agreement was made to send to O.P. No.3.
Dispute arose when the O.P. no.1 not paid the agreed amount and complaint has been filed to realise Rs. 4,25,000/- pending four months rent, refund of security money etc.
- The O.P. No.1 in reply submitted that the Complaint is not maintainable and prayed for reference to arbitration.
- Perused the documents filed by the Complainant. The O.P. no.1 vide letter dated 26.07.2023 accepted the terms and conditions of plying vehicle No. OD-15S-0664. The vehicle is in the name of Ragini Pathak whereas D.L. No. OR-15-20110142105 of Debendra Kumar Mishra has been submitted. Agreement for sale was made by Ragini Pathak in favour of Dharmendra Mishra.
- This is a case where four parties are there to the contract. Dhamendra Mishra agreed to purchase from Ragini Pathak. Debendra Mishra was engaged as driver for the O.P. No.1 with vehicle. O.P. no.1 engaged the vehicle with O.P. no.2 & 3. In this case service with O.P. no.2& 3 provided by the Complainant to O.P. no.1 and other O.Ps. As per section 2(7) of the Consumer Protection Act, 2019 the Complainant himself is a service provider and vehicle was used for commercial purpose. Complainant can not be termed as Consumer.
Accordingly, the case is not maintainable. The parties are at liberty to approach the Civil Court for relief.
Order pronounced in the open court on this 1st day of July, 2024.
Supply free copies to the parties.
